1. A. This part governs the following adjudicatory proceedings of the water quality control commission:

   (1) permit reviews, which include proceedings for the appeal from permitting actions pursuant to the Water Quality Act, NMSA 1978 Section 74-6-5(O);

   (2) abatement plan hearings which include proceedings for the appeal of certain abatement plan actions pursuant to commission regulation 20.6.2.4114 NMAC;

   (3) variance hearings, which include proceedings for: (a) the consideration of variance requests pursuant to the Water Quality Act, NMSA 1978 Section 74-6-4(G), and (b) the consideration of alternative abatement standards pursuant to commission regulation, Subsection F of 20.6.2.4103 NMAC;

   (4) compliance order hearings, which include proceedings for the appeal from compliance orders pursuant to the Water Quality Act, NMSA 1978 Section 74-6-10, and the Utility Operators Certification Act, NMSA 1978 Section 61-33-10; and

   (5) any other adjudicatory proceedings under the jurisdiction of the commission to which the commission applies this part.

2. B. Uniform Licensing Act proceedings: In any commission adjudicatory proceeding conducted under the Uniform Licensing Act, NMSA 1978 Sections 61-1-1 NMSA 1978 et seq. (“ULA”), including the suspension or revocation of a certification under the Utility Operators Certification Act, NMSA 1978 Section 61-33-7, the procedures in the ULA shall govern the proceeding. However, the commission may, in the absence of a specific provision in the ULA governing an action, look to this part for guidance.

[20.1.3.2 NMAC - Rp, 20 NMAC 1.3.I.101, 10/15/2010]